State of New Hampshire Department of Education — Frank Edelblut, Commissioner
Summary
New Hampshire Commissioner of Education Frank Edelblut asks Secretary Cardona on December 28, 2021 for a waiver of the maintenance of effort provisions of section 2004(a) of the American Rescue Plan Act and section 317 of the Coronavirus Response and Relief Supplemental Appropriations Act. The state says its education aid exceeds the average of fiscal years 2017, 2018 and 2019 on an overall and per-pupil basis but that it does not expect technical compliance in 2022 and 2023 because the requirement measures education as a percentage of overall State spending. It attributes this to increased investment in the opioid epidemic, child protective services staffing and a mental health waitlist, plus two permanent 3.1 percent Medicaid reimbursement increases. Appendix A answers the Department's questions and Appendix B is the waiver request form.
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“State of New Hampshire Department of Education — Frank Edelblut, Commissioner.”
Original at www.ed.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/department-of-education-pdf-www-ed-gov-1485a514e1/
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Frank Edelblut Christine M. Brennan
Commissioner Deputy Commissioner
STATE OF NEW HAMPSHIRE
DEPARTMENT OF EDUCATION
101 Pleasant Street
Concord, NH 03301
TEL. (603) 271-3495
FAX (603) 271-1953
December 28, 2021
Secretary Cardona
(sent via OESE@ed.gov email only)
U.S. Department of Education
Lyndon Baines Johnson Department of Education Building
400 Maryland Ave, SW
Washington, DC 20202
Re: Waiver Request from Section 2004(a) of the American Rescue Plan Act (ARP) and Section 317 of
the Coronavirus Response and Relief Supplemental Appropriations Act (CRRSA)
Dear Secretary Cardona:
This letter, along with the accompanying attachments, has been prepared by the State of New Hampshire.
The State of New Hampshire has continued to maintain ongoing support in the vital areas of elementary,
secondary, and higher education. Through examining the State’s overall support basis and aid per pupil
basis, State education aid appropriations in New Hampshire exceed the average levels of support provided
during State fiscal years 2017, 2018, and 2019. However, due to the unique definition of the Maintenance
of Effort in ARP and CRRSA, which defines support in education as a percentage of overall State
spending, New Hampshire does not anticipate achieving technical compliance in 2022 and 2023 and, as a
result, is now seeking a waiver.
This non-compliance status is primarily the result of increasing investments by the State in addressing a
persistent opioid addiction epidemic, understaffing of child protective services, and the waitlist for mental
health services. Additionally, the State made two permanent 3.1 percent increases in Medicaid
reimbursement rates for all providers during SFY 2020 and 2021. These necessary investments to
improve the State’s capacity and ability to keep its citizens healthy and safe have required a larger
percentage of the recent overall increases in the State budget, which has naturally decreased the percent of
education spending relative to the overall State budget.
Enclosed is information containing details and explanations relative to New Hampshire’s estimated non-
compliance with the Maintenance of Effort provisions within ARP and CRRSA:
Appendix A contains answers to the questions USED has requested accompany a waiver request.
Appendix B contains the MOE waiver request form.
Should you have any questions or need additional information please contact me.
Sincerely,
Frank Edelblut
Commissioner of Education
TDD Access: Relay NH 711
EQUAL OPPORTUNITY EMPLOYER- EQUAL EDUCATIONAL OPPORTUNITIES
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